We are Not a Health plan. Wider Circle is not a health plan or a health insurance company. We do provide our services to health plans who in turn make our services available to their eligible members. If you have a question about your health benefits or medical benefits, call your health for assistance.
This Service does not provide medical advice. Wider Circle is not a health care provider. We don’t offer health care services through Our Services, or any of our events or programs. We do provide information that We believe is designed to be useful to enhance vitality and to encourage healthy habits and behaviors. None of the information on this Service, Our programs or Our products is intended to be a substitute for professional medical advice. If You have any question at all about a medical condition, medicine, or prescription, contact Your physician or health care provider. Please don’t rely on any of the information on this Service or any of Our programs or products to determine a medical diagnosis or treatment. And, don’t delay seeking medical advice for any condition You have or suspect You have. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
Our Programs Are at Your Own Risk. Some of the services Wider Circle offers include activity programs. If You are engaged in any of those programs, You should always consult with a physician before You begin any exercise activity or program because any exercise activity involves a risk of injury. Although through Our programs We promote safe and effective methods of activities, We can’t guarantee prevention of injuries.
Who We are
This service is owned or operated by Wider Circle, Inc. (“Wider Circle”). Wider Circle and its affiliates are referred to as “We,” “Us,” or “Our.” “You” or “Your” refers to any visitor to this Service. Our principal office is located at 50 Woodside Plaza, Suite 743, Redwood City, CA 94061. You can contact us using the information below.
Through Your use of our Service, You agree to these Terms.
Your Access to the Service
As a condition of Your right to access and use our Service, You represent that You are at least 18 years of age and that You are not a person barred from accessing the Service under the laws of the United States or any other country. Wider Circle reserves the right to terminate Your access in the event You violate these Terms. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED IN CONNECTION WITH THE USE OF THE SERVICES ON YOUR DEVICE(S) OR UNDER YOUR ACCOUNT.
Third-Party Services and Content
Modifications and Interruption to the Service
We reserve the right to modify or discontinue all or any portion of our Service with or without notice to You. We will not be liable if We choose to exercise this right. You acknowledge and accept that We do not guarantee continuous, uninterrupted or secure access to our Service, or that our Service will be error free. You understand that usage of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Wider Circle reserves the right, but shall not be required, to correct and delays, interruptions, errors or omissions.
You may not engage in any of the following with regard to the Service (including without limitation posting or transmitting content through the Service):
- violate or encourage the violation of any local, state, national, or international law or regulation;
- collect or store personal data about other users of our Service or solicit personal information from any individual without proper rights or consent of the individual;
- send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that You have reason to know is false or misleading, or otherwise objectionable messages, as determined by Wider Circle in its sole discretion;
- infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content You do not have a right to make available under any law or under contractual or fiduciary relationships;
- promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
- disrupt or interfere with the security or use of the Service or any websites or content linked to them;
- interfere with or damage the integrity of the Service, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Service;
- use the Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
- attempt to use another user, person or entity, misrepresent Your affiliation with a person or entity, including (without limitation) Wider Circle or create or use a false identity;
- attempt to obtain unauthorized access to the Service or portions thereof that are restricted from general access;
- use any meta tags or any other “hidden text” utilizing Wider Circle name, trademarks, or product names;
- attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Service;
- engage in any activity that interferes with any third party’s ability to use or enjoy the Service; or
- assist any third party in engaging in any activity prohibited by these Terms.
Further, without our written consent, You may not:
- reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any Wider Circle content or any use of or access to the Service;
- use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Service or monitor or copy our web pages or the content contained thereon;
- deep link to the Service for any purpose; or frame the Service, place pop-up windows over any content, or otherwise affect the display of the Service;
- access the Service in order to build a competitive service or to benchmark with a non-Wider Circle service; or
- reverse engineer the Service (to the extent such restriction is permitted by law).
Service Restrictions, Alterations and Terminations
Wider Circle shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Service. Wider Circle reserves the right, but shall not be required, to correct and delays, interruptions, errors or omissions. Wider Circle may discontinue or alter any aspect of this Service, including, but not limited to: (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain users, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user’s right to use the Service, at Wider Circle’s sole discretion and without prior notice or liability.
Usernames, Passwords and Security
Your phone number will be Your primary user identifier for purposes of interacting with Wider Circle and other users through the Service. You may only use Your phone number and any authentication credentials that You have a lawful right to use in order to access the Service. You shall immediately notify Wider Circle if You learn of or suspect: (i) any compromise of Your account credentials, or (ii) any unauthorized use of Your account or of the Service. In the event of such loss, theft, or unauthorized use, Wider Circle may impose on You, at Wider Circle’s sole discretion, additional security obligations. If any unauthorized person obtains access to the Service as a result of any act or omission by You, You shall use Your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief Wider Circle. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
We own all right, title and interest in and to the Service and its content including but not limited to text, graphics, images and software (“Content”), including all intellectual property rights. We expressly reserve all rights to the Content. Any right You have to use of the Content is specifically and expressly detailed in this Section and Your access to or use of the Content does not give You any right, title, or interest in or to the Content. You may not modify or use any Content for any purpose other than as expressly permitted herein or on the Service.
As long as You comply with these Terms, You can download and use our Mobile Application and you may print a small number of copies of the Content on this Service solely for Your personal, noncommercial use. You must keep intact all copyright and other proprietary notices that appear on that Content. You may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another website, use on any other website, or transfer or sell the Service or the Content without Our prior written permission. This prohibition expressly includes, but is not limited to, the practices of “screen scraping” and “data mining.” You are prohibited from using the Content for any public or commercial purpose. You may not reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the Service or the Content.
Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Service, including without limitation all files, photos, documents and any other Content which does not originate with Wider Circle (“User Content”), is the sole responsibility of the person who made such User Content available on the Service. Under no circumstances will Wider Circle be liable in any way for any User Content made available through the Service by You or any third party.
All trademarks and service marks (“Trademarks”) used on this Service belong to Us or Our licensor(s) as proprietary Trademarks. Nothing in or on the Service grants to You, by implication, estoppel, or otherwise, any license or right in or to the Trademarks without Our express written permission or the written permission of the applicable third party, which permission may be withheld at Our sole discretion or at the sole discretion of the third party.
Digital Millennium Copyright Act. In accordance with the Digital Millennium Copyright Act (“DMCA”), We have designated an agent to receive notifications of alleged copyright infringement associated with the Service. We will use commercially reasonable efforts to investigate any alleged infringement and take appropriate action in accordance with the DMCA. If You believe that a copyrighted work is being infringed by the Content, please notify Our copyright agent at firstname.lastname@example.org or to Our address for notices at the end of these Terms. In Your notice of alleged copyright infringement, include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
- Identification of the copyrighted work alleged to have been infringed;
- A description of the material that is claimed to be infringing and information sufficient to locate the material on the Service;
- Information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an email address;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
We welcome Your comments and feedback about our Service. All information and materials submitted to Wider Circle through the Service or otherwise, such as any comments, feedback, ideas, questions, designs, data, User Content, or the like regarding or relating to the Service or the business of Wider Circle (collectively, “Feedback“), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to You, but Wider Circle reserves the right to treat any such Feedback as the confidential information of Wider Circle.
By submitting Feedback to Wider Circle, You assign to Wider Circle, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback You submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating You in any way. You are responsible for the information and other content contained in any Feedback You submit to us, including, without limitation, its truthfulness and accuracy.
Your Use of the Service
You are responsible for Your activity on the Service and for any content You submit to the Service. Any fraudulent, abusive, or other illegal activity may result in termination of Your account at Our sole discretion. We may refer Your conduct to appropriate law enforcement agencies. You agree that You will not allow any other person or entity to use Your access credentials to access the Service or take any other action that interferes with other parties’ use of the Service.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. THIS SERVICE AND ITS CONTENT ARE PROVIDED “AS IS,” “AS-AVAILABLE” AND “WITH ALL FAULTS.” We do not make any representations or warranties with respect to the Service or the Content and to the fullest extent permitted by law disclaim all warranties, express or implied, including without limitation, warranties of merchantability, completeness, timeliness, correctness, non-infringement, and fitness for a particular purpose, use or application.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WIDER CIRCLE, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICE.
THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF THE SERVICE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that You may have or may in the future have claims against us which You do not know or suspect to exist in Your favor when You agreed to these Terms and which if known, might materially affect Your consent to these Terms. You expressly waive all rights You may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Limitation on Actions
Notwithstanding any statute of limitations or other law to the contrary, any claim or cause of action arising out of Your use of this Service or any Content must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred. Our failure to enforce or exercise any provision of these Terms or any other right related to the Service or the Content, within one (1) year shall not constitute a waiver of that right or provision.
You will indemnify, defend and hold Us harmless against any claims or causes of action brought by third parties, including but not limited to, in connection with Your negligence or willful misconduct; Your breach of these Terms; Your violation of any federal, state or local laws, rules or regulations including those governing privacy, security or data protection; or Your use of the Service or Content in a manner that infringes any intellectual property or proprietary rights.
Arbitration & Dispute Resolution
ANY DISPUTE ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THIS SERVICE SHALL BE RESOLVED EXCLUSIVELY BY CONFIDENTIAL BINDING ARBITRATION EXCEPT WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF TO THE EXTENT WE BELIEVE YOU HAVE VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS. THE ARBITRATION SHALL BE CONDUCTED BY ONE NEUTRAL ARBITRATOR IN SAN FRANCISCO, CALIFORNIA UNDER AMERICAN ARBITRATION ASSOCIATION RULES THEN IN EFFECT. NO CLAIMS OF ANY OTHER PARTIES MAY BE JOINED OR OTHERWISE COMBINED IN THE ARBITRATION PROCEEDING. EACH PARTY SHALL BEAR ITS OWN ATTORNEYS’ FEES WITHOUT REGARD TO WHICH PARTY PREVAILS. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. THE AWARD OF THE ARBITRATOR MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. EACH PARTY CONSENTS TO (I) THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF TENNESSEE OR TO ANY FEDERAL COURT LOCATED WITHIN THE STATE OF TENNESSEE FOR ANY ACTION (1) TO COMPEL ARBITRATION, (2) TO ENFORCE ANY AWARD OF THE ARBITRATOR, OR (3) SERVICE OF PROCESS IN ANY SUCH ACTION BY REGISTERED MAIL OR ANY OTHER MEANS PROVIDED BY LAW.
Class Action Wavier
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
Notice for California Residents
If You are a California resident, in accordance with Cal. Civ. Code §1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Consent to Electronic Communications
By using the Service, You agree that Wider Circle may communicate with You electronically regarding Your use of the Service and related matters, and that any notices, agreements, disclosures or other communications that Wider Circle sends to You electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw Your consent to Your receipt of electronic notice, please notify Wider Circle at the email below.
Changes to This Policy
We reserve the right, at any time, to modify, alter, or update these Terms without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Service, without further notice to You. Your continued use of any of our Service after such modifications are posted constitutes Your acknowledgement and acceptance of such modifications, and You may not amend these Terms.
Mobile Application Terms
The following Terms apply to your use of the Mobile App:
Acknowledgement. Wider Circle and You acknowledge that the Terms of Service are concluded between Wider Circle and You only, and not with Apple (or any other application marketplace provider), and Wider Circle, not Apple (or any other application marketplace provider), is solely responsible for the Service and the content thereof.
Scope of License. The license granted to You for the Service is limited to a non-transferable license to use the Service on any iPhone, supported Apple device (or other mobile device) that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service (or other terms applicable to the application marketplace).
Maintenance and Support. As between Apple (or any other application marketplace provider) and Wider Circle, Wider Circle is solely responsible for providing maintenance and support services, if any, with respect to the Service, as specified in the Terms of Service, or as required under applicable law. Wider Circle and You acknowledge that Apple (or any other application marketplace provider) has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
Warranty. As between Apple (or any other application marketplace provider) and Wider Circle, Wider Circle is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple (or any other application marketplace provider), and Apple (or other application marketplace provider) will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple (or any other application marketplace provider) will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Wider Circle’s sole responsibility.
Product Claims. Wider Circle and You acknowledge that Wider Circle, not Apple (or any other application marketplace provider), is responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or use of that Service, including, but not limited to. (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. Wider Circle and You acknowledge that, in the event of any third party claim that the Service or Your possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Wider Circle, not Apple (or any other application marketplace provider), will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a country or territory that is subject to a sanctions program (e.g., designated by OFAC); and (ii) You are not identified on any list prepared by the U.S. Government describing prohibited or restricted parties.
Developer Name and Address. Wider Circle may be contacted in connection with any questions, complaints or claims with respect to the Service.
Third Party Beneficiary. Wider Circle and You acknowledge and agree that Apple (or any other application marketplace provider), and Apple’s (or other application marketplace provider’s) subsidiaries, are third party beneficiaries of the Terms of Service, and that, upon Your acceptance of the Terms of Service, Apple (or any other application marketplace provider) will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against You as a third party beneficiary thereof.
Governing Law and Venue. This Policy and all other matters arising from Your use of this Service or Content shall be governed by the laws of the State of California. Should binding arbitration be deemed invalid or otherwise unenforceable for any reason, the Dispute Resolution provision of these Terms shall be severed and the parties expressly consent to and agree that the exclusive jurisdiction of and venue for any claims will be in state or federal courts in San Francisco, California.
Severability. If any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of these Terms will remain fully in force.
Force Majeure. Wider Circle will not be liable for any failure or deficiency in the performance or availability of the Service by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to Wider Circle, fire, terrorism, natural disaster, pandemic, act of God, or war.
Notices. Any notice to Us shall be given in writing and sent by certified and registered mail to 50 Woodside Plaza, Suite 743, Redwood City, CA 94061, Attn: General Counsel.